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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, This is a complicated one I am afraid. I was in a

Resolved Question:

Hello,
This is a complicated one I am afraid.
I was in a business partnership for 5 years when my partner sold his shares in dec 2013.
The new partners then decided not too invest or continue with the partnership because they had other business plans.
The orginial partner never took his name of the lease or any other liabilities although I have managed to clear the majority up as sadly was forced into liquidation and last year bankruptcy.
I have been a personal tenant on the business I rent for 22 years and although I am allowed to continue to trade as a sole trader my landlord is happy due to the continuity of time I have been there.
My problem is my initial partner is now stating that he wants off the lease as I do too but its over £1000 he is expecting me to pay and I simply do not have that money as I have explained to him.
There are three business that our lease covers and none of them anything to do with him.
He hasn't paid rent since dec 2013 and is now threatning to come into the premises to take over.....My landlord is happy as I have always paid my rent but I keep getting these threats from him and really don't know what to do.
He has already had a pio from the police to stay away but he syas he is legally correct to come into the building even though the businesses are nothing to do with him.
I am at my wits end please can you advice me
Deborah Meek
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

I do not quite understand. You are named tenant, you continue to trade there yourself but your partner wants off the lease. Where does the £1000 come in to it please?

Customer: Hi Alex , that is the cost given from the landlord
Customer: hi Alex , that is the cost given from the landlord to cover the expenses of solicitors to draw up a new lease .
Alex Watts : Why does not the outgoing partner pays for the cost if he wants out?
Customer:

He is saying that it is my responsilibity and if I don't pay it he will take over the two premises next door that the lease covers although there are two exsisting businesses already trading from there ,but although his name is ***** ***** lease he hasn't paid any rent since he left or has nothing too do with any of the businesses

Alex Watts : But if you refuse what can he do, if anything?
Customer:

I don't know Alex that is what concerns me as im not sure of the law with regards ***** ***** he is legally entitled to do as I know as a lease he can have a key to the premises but can he take over where three separate business already independently trade ?

Customer:

Hi Alex are you there?

Alex Watts :

Well I dont think your ex partner can do anything

Alex Watts :

He left the business, he could have then removed himself from the lease and paid the £1,000

Alex Watts :

He did not do that

Alex Watts :

Therefore he needs to wait until you can afford to do it

Alex Watts :

You could write a letter to him saying you will indemnify him against any and all claims arising out of the lease and therefore he will have no liability whatsoever.

Alex Watts :

That may make him happy

Alex Watts :

But he left, so is in no position to dicate.

Alex Watts :

* dictate *

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No thank you Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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